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Foreign employees who are citizens of foreign countries and currently working in Vietnam under labor contracts with a term of at least 12 months would have the right to join Vietnamese trade unions and engage in trade unions activities at the grassroots level.
Such is one of the new points provided in the draft revised Law on Trade Unions prepared by the Vietnam General Confederation of Labor (VGCL) to replace the 2012 Law.
According to the VGCL, the permission of foreign employees to join trade unions and engage in trade unions activities within the Vietnamese territory is expected to guarantee the equality in term of trade union rights between Vietnamese and foreign employees, and align with international integration requirements.
However, foreign employees may not become trade union representatives since Article 4.5 of the draft Law stipulates that trade union representatives must be Vietnamese citizens.
Also under the draft, in addition to seven rights provided in the 2012 Law, a trade union member would have four additional rights, including (i) the right to question the executive committee or president of his/her trade union; (ii) the right to access the VGCL’s policies on welfare benefits and rent of social houses or lodging houses; (iii) the right to be commended and rewarded for achievements in labor, production and trade union activities; and (iv) other rights as provided in relevant laws and the Charter of the Vietnam Trade Union.
Regarding funds for trade union activities provided by concerned agencies, organizations or enterprises, the draft retains the contribution of 2 percent of the wage fund used as the basis for payment of social insurance premiums for employees in accordance with the 2012 Law. The draft also outlines cases in which agencies, organizations or enterprises might be exempted from or entitled to reduction or temporary postponement of trade union due payment.
By: VLLF
